UNITED STATES v. BURROUGHS

No. 683.

289 U.S. 159 (1933)

UNITED STATES v. BURROUGHS AND JAMES CANNON, JR.

Supreme Court of United States.

Decided April 10, 1933.


Attorney(s) appearing for the Case

Solicitor General Thacher, with whom Mr. W. Marvin Smith was on the brief, for the United States.

Messrs. Robert H. McNeill and Levi H. David for Burroughs and Cannon.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

The Court of Appeals of the District of Columbia has certified the following questions:

"Question No. 1: Where on a criminal indictment a demurrer is sustained and the indictment quashed on two grounds, one involving a construction of the statute and the other the interpretation of the indictment as a pleading, will an appeal lie at the instance of the United States from the trial court of the District...

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